REGINA NAMATAKA BENNAARS V FARMERS CHOICE COMPANY LTD & ANOTHER [2005] KEHC 681 (KLR)
- Court
- High Court of Kenya
- Case number
- 681
- Citation
- [2005] KEHC 681 (KLR)
- Decided
- 27 September 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from the original trial outcomeCoramM.A. ANG’AWA
Holding
I award Ksh.264,700/- in general damages to the plaintiff, including Ksh.200,000/- for pain and suffering and Ksh.64,700/- for loss of earning.
Facts
Regina Namataka Bennars was involved in a road traffic accident in 1998 when she was a passenger in a vehicle owned by Farmers Choice Company Ltd. She sued the company and its driver, David Muhindi Mutegu, for damages.
Issues
- Whether the alleged collision was caused by the negligence of the 2nd defendant as alleged?
- Whether the plaintiff suffered loss and damages as a result of the collision and if so the quantum thereof?
- Whether the plaintiff is entitled to the relief sought
Reasoning
The court found that the collision was caused by the negligence of the 2nd defendant, and the plaintiff suffered injuries that required medical treatment and loss of earning.
Outcome
The plaintiff is awarded Ksh.264,700/- in general damages.
Orders
- Judgment for the plaintiff and award costs, interest on General Damages from the date of this judgment, interest on Special Damages from the date of filing suit.
Remedies
- General Damages of Ksh.264,700/-
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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